BILL NUMBER: SB 430	CHAPTERED  10/10/99

	CHAPTER   681
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 16, 1999
	AMENDED IN SENATE   MAY 17, 1999
	AMENDED IN SENATE   MAY 6, 1999
	AMENDED IN SENATE   MARCH 22, 1999

INTRODUCED BY   Senator Alarcon

                        FEBRUARY 16, 1999

   An act to add Section 54988 to the Government Code, relating to
local fees and charges.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 430, Alarcon.  Local fees and charges.
   Existing law provides procedures for counties and other local
agencies to increase or decrease fees and charges.
   This bill would provide that in addition to any other remedy
provided by law, the legislative body of a city, county, or city and
county may collect any fee, cost, or charge incurred in the abatement
of public nuisances and in the enforcement of state and local
housing, building, and zoning laws, codes, and regulations with
respect to construction or land use activities, except as specified,
if the fee, cost, or charge has not been paid within 45 days of
notice, by making the amount of any unpaid fee, cost, or charge a
proposed lien against the property that is the subject of the
enforcement activity.  The bill would require the legislative body to
provide the property owner with written notice in plain language of
the proposed lien, a description of the basis for the amounts
comprising the lien, and an opportunity to appear and be heard before
recording the lien.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 54988 is added to the Government Code, to read:

   54988.  (a) (1) In addition to any other remedy provided by law,
including the current powers of charter cities, the legislative body
of a city, county, or city and county may collect any fee, cost, or
charge incurred in (A) the abatement of public nuisances; (B) the
correction of any violation of any law or regulation that would also
be a violation of Section 1941.1 of the Civil Code; (C) the
enforcement of zoning ordinances adopted pursuant to Chapter 4
(commencing with Section 65800) of Division 1 of Title 7 or any other
constitutional or statutory authority; (D) inspections and abatement
of violations of Article 1 (commencing with Section 13100) of
Chapter 2 of Part 2 of Division 12 of the Health and Safety Code; (E)
inspections and abatement of violations of the State Housing Law,
Part 1.5 (commencing with Section 17910) of Division 13 of the Health
and Safety Code and regulations adopted pursuant thereto; (F)
inspections and abatement of violations of the California Building
Standards Code, Title 24 of the California Code of Regulations; or
(G) inspections and abatement related to local ordinances and
regulations that implement any of the foregoing, if the fee, cost, or
charge has not been paid within  45 days of notice thereof, by
making the amount of the unpaid fee, cost, or charge a proposed lien
against the property that is the subject of the enforcement activity.
  Except as provided in subdivision (c), the amount of the proposed
lien may be collected at the same time and in the same manner as
property taxes are collected.  All laws applicable to the levy,
collection, and enforcement of ad valorem taxes shall be applicable
to the proposed lien, except that if any real property to which the
lien would attach has been transferred or conveyed to a bona fide
purchaser for value, or if a lien of a bona fide encumbrancer for
value has been created and attaches thereon, prior to the date on
which the first installment of taxes would become delinquent, then
the lien that would otherwise be imposed by this section shall not
attach to real property and the costs of enforcement relating to the
property shall be transferred to the unsecured roll for collection.
   (2) The amount of any fee, cost, or charge shall not exceed the
actual cost incurred performing the inspections and enforcement
activity, including permit fees, fines, late charges, and interest.
   (3) This section shall not apply to owner-occupied residential
dwelling units.
   (4) This section does not apply to any enforcement, abatement,
correction, or inspection activity regarding a violation in which the
violation was evident on the plans that received a building permit.

   (b) (1) A city, county, or city and county shall provide the owner
of the property with written notice in plain language of the
proposed lien, a description of the basis for the amounts comprising
the lien, a minimum of 45 days after notice to pay the fee, cost, or
charge, and an opportunity to appear before the legislative body and
be heard regarding the amount of the proposed lien.
   (2) In any city, county, or city and county, the legislative body
may delegate the holding of the hearing required by paragraph (1) to
a hearing board designated by the legislative body.  The hearing
board may be the housing appeals board established pursuant to
Section 17920.5 of the Health and Safety Code or any other body
designated by the legislative body.  The hearing board shall make a
written recommendation to the legislative body which shall include
factual findings based on evidence introduced at the hearing.  The
legislative body may adopt the recommendation without further notice
of hearing, or may set the matter for a de novo hearing before the
legislative body.  Notice in writing of the de novo hearing shall be
provided to the property owner at least 10 days in advance of the
scheduled hearing.
   (c) If the legislative body determines that the proposed lien
authorized pursuant to subdivision (a) shall become a lien, the body
may also cause a notice of lien to be recorded.  This lien shall
attach upon recordation in the office of the county recorder of the
county in which the property is situated and shall have the same
force, priority, and effect as a judgment lien, not a tax lien.  The
notice shall, at a minimum, identify the record owner or possessor of
the property, set forth the last known address of the record owner
or possessor, set forth the date upon which the lien was created
against the property, and include a description of the real property
subject to the lien and the amount of the lien.
